Civil Procedure Code, 1908, Section 11 -- Res judicata - Injunction suit - If in an earlier suit for injunction simplictor, issue of title was raised and decided therein, same operates as res judicata in subsequent suit on title...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Validity of gift deed in earlier suit for injunction though left open by trial Court to be decided in separate suit but appellate Court proceeded to consider the validity and genuineness of gift deed by upholding the same - Appellate Court did not make any reservation as was made by Trial Court - Finding regarding..........
Specific Relief Act, 1963, Section 37 -- Injunction suit - In a suit for injunction, Court need not to examine the question of title nor findings recorded in a suit for injunction qua title constitutes res judicata in subsequent proceedings qua ownership...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Cannot be treated as `res judicata' but if same thing has been pleaded then that may be treated as an abuse of the process of Court and the application can be rejected on that ground...........
Court Fees Act, 1870, Section 7(iv) -- Court fees - Suit for declaration - Relief of possession not sought as plaintiff claiming himself to be in possession - Plaintiff to value the relief of declaration u/s 7(iv) of the Act and there is no need for an ad valorem Court fee on a valuation of suit property. (Para 4) Civil Procedure Code, 1908, O.7.R.11 - Rejection of plaint..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Dismissal of application u/s 11 CPC - Issue not to be collateral or incidental - Material test to be applied is whether the Court considers the adjudication of the said issue material and essential for its decision - Whether the issue was directly and substantially involved or incidentally involved is a question of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where a competent Court in earlier suit of perpetual injunction gave a finding that a particular piece of land is a common passage, which having attained finality, said findings in the subsequent suit of declaration between same parties and regarding same subject matter is binding on parties and operates as res..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasoning or finding recorded at the time of disposal of temporary injunction application while considering prima facie case would not act as a precedent or res judicata at the time of final disposal of suit on its merits as reasoning and conclusions are intended only for the limited purpose of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff had earlier filed a suit for injunction and an application for interim injunction which was dismissed on merits - Suit later on withdrawn with liberty to file afresh - Dismissal of application for injunction can have no bearing to a dismissal of suit on merits and that too after withdrawal of earlier suit..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In a suit for injunction though the issue is confined to possessory aspect but if right to possession of property cannot be decided without deciding title to property and if such issue is decided in favour of party though not formally framed, it would operate as res judicata in a subsequent litigation...........
